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HomeMy WebLinkAboutNovember 12, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION NOVEMBER 12, 1996 1. CALL TO ORDER The Board of Trustees Meeting was called to order by Mayor Sturdevant at 8:25 p.m. 2. ROLL CALL Jones, Jolly, Ruettimann, Peterson and Sturdevant - present 3. APPROVAL OF MINUTES OF JANUARY 22. 1996 Motion by Peterson, second by Ruettimann to approve the minutes of the January 22, 1996 Board of Trustees Meeting as presented. Roll call: All ayes 4. RESOLUTION NO. 96-74 B$ING A RESOLUTION APPROVING THE AMENDMENT OF THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION. VOLUNTEER DIVISION Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-74 BEING A RESOLUTION AMENDING THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION BE IT RESOLVED by the Board of Trustees of the Columbia Heights Fire Department Relief Association, Volunteer Division, that: The By-Laws of the Columbia Heights Fire Department Relief Association, Volunteer Division, are herewith amended to add the following: ARTICLE iX RETIRED FIREFIGHTER PENSION BUY-OUT Section 1. AMOUNT. The retired volunteer firefighters named below shall receive the amounts specified below, in single lump sum payments, less applicable tax withholdings, in full payment and satisfaction of their entire remaining service pension benefits, and any other benefits due to them or their beneficiaries from the Relief Association: BOARD OF TRUSTEES MEETING NOVEMBER 12, 1996 PAGE 2 Se R~tired Firefighter Age Robert Davidson 56 Ronald Chan 57 Mitch DeMars 69 Richard Gill 64 Donald Jolly 59 Joe Matlon 73 Roy Meinhardt 63 Lawrence Nelson 69 Ralph Volkman 63 Monthly Benefit $368.00 $357.00 $320.00 $284.00 $287.00 $279.00 $279.00 $279.00 $279.00 Lump-Sum Bu¥out $63,000.00 $60,300.00 $42,850.00 $42,700.00 $47,000.00 $33,350.00 $42,700.00 $37,400.00 $42,700.00 TOTAL $412,000.00 Section 2. EFFECTIVE DATE. The benefits set forth in this Article lX shall become effective upon approval by the City Council and the Board of Trustees and the signed agreement by all of the volunteer firefighters named above. Such agreements must be signed and returned in the time specified by the President of the Board of Trustees. Section 3. DATE OF PAYMENT. The payments specified above shall be made as soon as possible after receipt of the approvals and agreements referred to in Section 2. Section 4. GOVERNING EFFECT. This Article IX shall govern over any prior provisions of the By-Laws which may be inconsistent with it. Passed this 12th day of November, 1996. Offered by: Seconded by: Roll call: Peterson Ruettimann Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Board of Trustees Meeting at 8:27 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 12, 1996 CALL TO ORDER/ROLL CALL Mayor Sturdevant called the meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present· 2. PLEDGE OF ALLEGIANCE ADDITIONS~DELETIONS TO THE MEETING AGENDA The City Manager advised of the addition of 6-I which was the second reading of Ordinance No. 1336, the conveyance of certain real estate and the addition of 7-C-1 being the sale of forfeit land. CONSENT AGENDA Motion by Peterson, second by Ruettimann consent agenda items as listed below: to approve the Adopt Council Minutes The Council adopted the minutes of regular Council Meeting as presented. the October 28, 1996 Establish Hearing Date for License Revocation. Properties The Council established a hearing date of December 2, 1996 for revocation or suspension of a license to operate a rental property within the city of Columbia Heights against Kurt Loewenthal (1407 Circle Terrace), Kunal Kamran (2215 45th Avenue), and Alexander Cajucom (4506 Fillmore Street) regarding their rental property. Authorize Final Payment for Establishing LaBelle Park East Property Line The Council accepted the work establishing LaBelle Park East property line and authorized final payment of $3,500 to Egan, Field and Nowak, Inc. Authorize Final Pa_vment for Mill Street Reconstruction ~ Municipal Pro~ect #9229 The Council accepted the work for Mill Street Reconstruction, Municipal Project #9229 and authorized payment of $34,915.54 to Driveway Design, Inc. of Plymouth, Minnesota. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 2 Authorize Final Payment for Re-roof of Prestemon Park Building ~roject #9604 The Council accepted the work for Municipal Project #9604, re- roof of Prestemon Park Building and authorized final payment of $4,776 to Milton Johnson Roofing of Minneapolis, Minnesota. Approve Site Lease Agreement with APT for Parkview Villa North The Council approved the Site Lease Agreement between the Columbia Heights Economic Development Authority and American Portable Telecom (APT) Minneapolis, Inc. in order to install directional antennas and equipment on Parkview Villa North. Approve Conditional Use Permit~ Don's Auto Wash. 4423 Central Avenue. Case #9611-51 The Council approved the request for the conditional use permit for 4423 Central Avenue to allow an 8' x 10' accessory structure as all zoning requirements being met. Approve Conditional Use Permit. TEAMS Emplorer Post #2600. Keith Haskell. 4300 Central Avenue. Case #9611-52 The Council approved the conditional use permit for Keith Haskell and TEAMS Emplorer Post #2600 to allow the operation of a Christmas tree lot at 4300 Central Avenue from November 29, 1996 through December 24, 1996 provided the proper city license is obtained prior to the operation and that a $200 clean-up deposit is submitted to the License/Permit Clerk prior to the license being issued. ~ppoint Councilmembers Jolly and Jones to an Ad Hoc Committee The Council appointed Councilmembers Don Jolly and Meg Jones to a joint School District/City Council Ad Hoc Youth Initiative Committee and appointed Mayor Joe Sturdevant to be an alternate member to the Committee. City staff was also directed to contact the School Board Administration to set up a first meeting to discuss future meetings. Approve Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Approve License Applications The Council approved the rental housing licenses as stated on the November 12, 1996 memo from Lowell DeMars. Roll call: All ayes REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 3 Be RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS A. Introduction of New Employee Police Chief Johnson introduced Mary Vawracz who recently accepted the position of Secretary ll-A in the Police Department. B. proclamation Mayor Sturdevant read a proclamation designating November as Epilepsy Month in the City of Columbia Heights. He presented the proclamation to Doug Hill, a resident of the City and a representative of the Epilepsy Foundation. PUBLIC HEARINGS A. License Revocation/Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Held by Isle Schlachtenhaufen (4838 West Upland Crest}. A~thony J. Sherman (3926 Ulysses Street~. Jean J. Free (3817 Hayes Street). Jonathan Deal (4307 Seventh Street and 4701 Fifth Street%. David W. Fischer 44657 Fifth Street% and Gary R, ~tockwell (638 51st Avenue% Motion by Ruettimann, second by Jones to close the public hearing regarding the revocation or suspension of the rental license held by the above-named property owners regarding their rental property in that the property owners have all complied with provisions of the Housing Maintenance Code. Roll call: All ayes B. License Revocation/Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Against Lisa Kelly Regarding Rental Property at 5031 Jefferson Street - Resolution No. 96-67 Motion by Jolly, second Ruettimann to close the public hearing regarding the revocation or suspension of the rental license held by Lisa Kelly regarding rental property at 5031 Jefferson Street in that the provisions of the Housing Maintenance Code have been complied with and take no action on Resolution No. 96-67. Roll call: All ayes C. License Revocation/Suspension Hearina on a License to Operate a Rental Property Within the City of Columbia Heights Against Carrie J. Herkal Regarding Ren{al Property at 1161 Cheery Lane REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 4 Motion by Jones, second by S~urdevant to close the public hearing regarding the revocation or suspension of the rental license held by Carrie J. Herkal regarding rental property at 1161 Cheery Lane in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes D. License Revocation/Suspension Hearing on a Lioense to Operate a Rental Property Within the City of Columbia Heights Against Richard A. Nye Regarding Rental Property at 1162 Motion by Peterson, second by Jones to close the public hearing regarding the revocation or suspension of the rental license held by Richard A. Nye regarding rental property at 1162 Cheery Lane in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes E. License Revocation/Suspension Hearing on a License to operate a Rental Property Within the City of Columbia Heights Against Kurtis R. Kiel Regarding Rental Property at 561 51$t Avenue - Resolution No. 96-68 Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held by Kurtis R. Kiel regarding rental property at 561 51st Avenue in that the provisions of the Housing Maintenance Code have been complied with and take no action on Resolution No. 96-68. Roll call: All ayes F. License Revocation/Suspension Hearing on a License tO Operate a Rental Property Within-the City of Columbia Heights Against Catherine Stephenson Regarding Rental Property at 1439 Motion by Sturdevant, second by Jolly to close the public hearing regarding the revocation or suspension of the rental license held by Catherine Stephenson regarding rental property at 1439 42nd Avenue in that the property is in foreclosure and is currently vacant. Roll call: All ayes G. Second Readina of Ordinance No. 1335 Pertaining to Fences and Retaining Walls Construction Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ~REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 5 The City Manager advised of the changes in the ordinance which were made since the first reading. The City Attorney stated that the changes made were for clarification and did not substantially alter the ordinance. The changes would not necessitate another first reading. ORDINANCE NO.1335 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence without securing a permit therefor from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than 42 inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. 6.401 (3) The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A copy of the written agreement shall be filed with the application for permit. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his property by survey thereof REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 6 to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used.. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City; provided, however, that such materials may be used below the fill line in retaining walls, free standing walls or other fences that are partially below ground. Minimum standards for construction of fences, free standing walls and retaining wall shall be prescribed hereinafter. 6.402 (2) The woven wire fence type shall be constructed in the following manner: (a) The fence shall be of a chain link type. (b) The fence shall be a minimum of eleven (11) gauge steel, with a two-inch maximum mesh. (c) The fence shall be constructed with fabric on the outside so that the unfinished side, if any, faces the property on which the fence is constructed. (d) The fabric shall have the knuckles up and the cut edge down. (e) Materials are required to be of a hot dipped galvanized nature or equal. (f) There shall be no greater that ten feet lineal distance between posts. 6.402 (3) The alternating board type (vertical, horizontal, or louver) shall be constructed in the following manner: (a) Boards of a dimension less than 13/16" by less that 3-1/4" will be prohibited. (b) Fences constructed of materials 6ther than tamarack, cedar, cypress, or redwood will be treated with a weather preservative. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 7 (c) The minimum post dimensions required are 3-1/4" by 3- 1/4". (d) No greater than eight (8) feet will be allowed for post spacing. (e) Fastening nails shall be two and one-half (2-1/2) inches long and other hardware shall be aluminum alloy or hot dipped galvanized or equal. (f) Fastenings made of corrosive metal shall not be used. (g) The fence shall be constructed with the supporting posts on the inside, when possible, so that the finished side does not face the property on which the fence is constructed. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) Ail walls, block or stone, shall be placed in four (4) inch concrete footing. The width shall be determined by the height of the wall. (e) The face of the wall shall be slanted back by no less than a 3 degree angle. (f) Drains shall be placed in walls made of blocks or poured concrete at such levels as are determined by the Building Official. The Building Official shall also determine the number and distance between such drains. (g) The retaining wall or free standing wall shall be constructed with supporting posts and footings on the inside of the wall so that the finished side does not face the property on which the fence is constructed. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 8 (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of. terraced walls or fences, each span of such terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this chapter and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this section and any fence existing at the time of the passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) A privacy fence may be constructed only if: (a) Ail property owners abutting said fence present a written agreement consenting to the approval of the same. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. (c) Any such fence will not be more than 42 inches high if constructed or maintained as follows: 1. In any front yard or near the side lot line of the property upon which such fence is to be constructed. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 9 2. At any point which lies in the front and or to the side of any house built on property adjacent to the property upon which such fence is to be constructed. 3. At any point which lies in front and or to the side of any house on the lot upon which such fence is to be constructed. 6.403 (4) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing by said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. is hereby amended to read as follows: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this Section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. (c) Front yard is any portion within the front yard setback. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 10 6401 (3) The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A-ee~-e~-~h~ w~e~-~eemem~-st~l-1 be-~ed-~ei~h-~e-~T~vi~-~e~i~~~. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. ~e¥~de~? ~-~e~a~-we~½sT-~ee-s~a~-we½½s-e~ e~he~-~e~ees-~he~ e~e--~l~t~~--~--~. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402 (2) All fences shall be constructed of the following approved fencing materials: (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11-1/2) gauge, with two (2) inch ~axi~um mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing~aterials. (c) Treated wood or wood of natural materials resistant to decay. REGULAR CouNCIL MEETING NOVEMBER 12, 1996 PAGE 11 6.402 (3) All fences shall be constructed with the posts on the inside of the fence eith the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable w~h-s~ppe~q-pes~s-~nd-~ee~§s-en-~he-~s~e-~-~he e~-wh~eh-~he-~e~ee-~s-eens~e~ed. (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence, to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. REGULAR COUNCIL MEETING 'NOVEMBER 12, 1996 PAGE 12 Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building official. 6.403 (3) A SiX (6) foot or higher privacy fence may be constructed only if: (a) Ail property owners abutting said fence present a written agreement consenting to the approval of the same at time of submitting an application. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. , 6.403 (4) (c) Any such fence viii not be more than forty-two (42) inches high if constructed anywhere within the front yard setback areas and/or if a corner lot, within the side yard setback areas on the corner side. 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: Peterson Ruettimann Ail ayes REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 13 First Reading: Second Reading: Date of Passage: October 28, 1996 November 12, 1996 November 12, 1996 Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary H. First Reading of Ordinance No. 1334 Being an Ordinance Pertaining to Garbage. Rubbish and Recyclable Materials The City Manager advised that the reason for this ordinance is to formalize what is the practice regarding curbside pick up of yard waste and to change the definition of "yard waste." Councilmember Jolly mentioned the size of the can liners as stated in the ordinance. He felt some residents used larger can liners than is state in the ordinance. Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1334 BEING AN ORDINANCE AMENDING NO. 853, CITY CODE OF 1977 AND PERTAINING TO GARBAGE, RUBBISH AND RECYCLABLE MATERIAL The City of Columbia Heights does ordain: Section 1: Section 8.301 (1) d of Ordinance 853, Cit¥Code of 1977, which currently reads as follows, tx) wit: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waster, and soft bodied green herbaceous material under one inch (1") in diameter. is hereby amended to read as follows: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste,-~-s~i~e~i~3~-et~~ ma~eria½-~mele~-e~e-~-~-i~r~i~Mme4ae~., twigs and branches less than 4" in diameter. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 14 Section 2: Section 8.301 (4) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); (f) yard waste in plastic and paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; is hereby amended to read as follows: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 15 (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e%%~ yard waste in plastic and paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles shall be placed on pick up day at the curb line; and (f~%~ stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; (g%%e~ small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.) shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Section 3: Section 8.301 (5) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 16 house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. is hereby amended to read as follows: 8.301(5) Iai Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from y~ the curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. Ail aH~he~med yard waste eemea~me~s-sha~½-Be-p}aeed-em ~he--e~b~-~--whe~e-~-eT~~-~-epe~7 seDa~aeed-~em~~~~-e~-~~~~e-in plastic and paper bags (no larger than the permitted ~0 gallon garbage can liner size~ not exceeding thirty-five pounds (35 lbs.%, or a permanent, ventilated thir%y-two ¢32~ gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.~ with ~ ~-~ees-whe~e-~e-a~eys-e~s~-shall be placed on the curb line on collection day. Ail authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 12, 1996 REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 17 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1334 for November 25, 1996 at approximately 7:00 p.m. Roll call: All ayes I. S~¢Qnd Reading of Ordinance No. 1336 Being an Ordinance Authorizing the Conveyance of Certain Real Estate Located at 721 51st Avenue This ordinance corrects an error in Ordinance No. 1312 which authorized the sale of park property to be sold to Medtronic, Inc. Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1336 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 721 51ST AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto the Columbia Heights Economic Development Authority, Minnesota, a public body, corporate and politic, the real property described as follows, to wit: The North 3.6 acres of Lots 7 & 8, Auditor's Subdivision 51, City of Columbia Heights, Anoka County, Minnesota. PIN # 26-30-24-11-0009 (Portion) Section 2: The Mayor and City Manager are herewith authorized to execute a quit claim deed to effectuate the conveyance of said real estate for $360,000 contingent upon successful release/satisfaction of the LAWCON Grant encumbrance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: October 28, 1996 November 12, 1996 November 12, 1996 .REGULAR CouNCIL MEETING NOVEMBER 12, 1996 PAGE 18 Offered by: Seconded by: Roll call: Peterson Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ® ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1. Resolution No. 96-69 Being a Resolution Approving the Amendment of the By Laws of the Columbia Heights Fir~ Department Relief Association. Volunteer DivisiQn The Finance Director advised this resolution will convert the practice from a deferred benefit plan to a defined contribution plan. Motion by Jones, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO, 9~-69 BEING A RESOLUTION APPROVING THE AMENDMENT OF THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLuNTEER DIVISION BE IT RESOLVED by the City Council of the City of Columbia Heights that: The amendment to the By-Laws of the Columbia Heights Fire Department Relief Association, Volunteer Division, is herewith approved to read as follows: ARTICLE lX RETIRED FIREFIGHTER PENSION BUY-OUT Section 1. AMOUNT. The retired volunteer firefighters named below shall receive the amounts specified below, in single lump sum payments, less applicable tax withholdings, in full payment and satisfaction of their entir~ remaining service pension benefits, and any other benefits due to them or their beneficiaries from the Relief Association: REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 19 Retired Firefighter Robert Davidson 56 Ronald Chan 57 Mitch DeMars 69 Richard Gill 64 Donald Jolly 59 Joe Matlon 73 Roy Meinhardt 63 Lawrence Nelson 69 Ralph Volkman 63 Aae Monthly Benefit $368.00 $357.00 $320.00 $284.00 $287.00 $279.00 $279.00 $279.00 $279.00 Lump-Sum Buyout $63,000.00 $60,300.00 $42,850.00 $42,700.00 $47,000.00 $33,350.00 $42,700.00 $37,400.00 $42,700.00 TOTAL $412,000.00 Section 2. EFFECTIVE DATE. The benefits set forth in this Article 1X shall become effective upon approval by the City Council and the Board of Trustees and the signed agreement by all of the volunteer firefighters named above. Such agreements must be signed and returned in the time specified by the President of the Board of Trustees. Section 3. DATE OF PAYMENT. The payments specified above shall be made as soon as possible after receipt of the approvals and agreements referred to in Section 2. Section 4. GOVERNING EFFECT. This Article IX shall govern over any prior provisions of the By-Laws which may be inconsistent with it. Passed this 12th day of November, 1996. Offered by: Seconded by: Roll call: Jones Peterson Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Resolutions Nos. 96-70. 96-71. 96-72. and 96-73 Being Resolutions Ordering Preparation of Report on Proposed Street Improvements in 1997 REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 20 The Public Works Director explained that approval of these resolutions does not give approval to the projects. Councilmember Peterson inquired as to the future of the projects for Zone I which included street reconstruction and overlay. The Public Works Director responded that the public hearing for the Zone I projects was held on April 1, 1996. If the contract is awarded before April 1, 1997 there will be no need to hold another public hearing. Motion by Jolly, second by Sturdevant to waive the reading of the resolutions there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-70 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH COMPLETE RECONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve Tyler Street and Polk Street between the north right- of-way of 37th Avenue and the north right-of-way of 39th Avenue by complete street reconstruction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996. Offered by: Seconded by: Roll call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 21 CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student, Deputy City Clerk RESOLUTION NO. 96-71 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH MILLING AND BITUMINOUS OVERLAY WHEREAS, the City Council of Columbia Heights is proposing to improve the following streets by milling and overlay with miscellaneous concrete repairs: Tyler Street north right-of-way of centerline of 41st Avenue bituminous 39th Avenue centerline of Reservoir centerline of Tyler Street 39th Avenue to 39th Avenue Cleveland St. Benjamin PI. Stinson Blvd. Boulevard to centerline of Polk Street to centerline of Arthur Street centerline of 40th Avenue to centerline of 41st Avenue centerline of 40th Avenue to cul-de-sac south right-of-way of Silver Lane to centerline of Benjamin Street and, REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 22 WHEREAS, the City Council intends to assess the benefitted property for all or a portion ~f the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996 Offered by: Seconded by: Roll call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 96-72 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH RECYCLED BASE AND NEW BITUMINOUS SURFACE REGULAR CouNCIL MEETING NOVEMBER 12, 1996 PAGE 23 WHEREAS, it is proposed to improve the following streets by constructing a recycled base and new bituminous surface with miscellaneous concrete repairs: Polk Street north right-of-way of 39th Avenue to centerline of 41st Avenue Pierce Street north right-of-way of 37th Avenue to cul- de-sac Buchanan Street north right-of-way 37th centerline of 39th Avenue Avenue to Lincoln Street north right-of-way of 37th Avenue to cul- de-sac and, WHEREAS the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996 Offered by: Seconded by: Roll call: Jolly Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 24 I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 96-7~ BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON SEAL COATING IMPROVEMENT WHEREAS, the City Council of Columbia Heights proposes to improve the following streets by seal coating, Tyler Street Polk Street Ulysses Street Hayes Street Arthur Place Cleveland Street Cleveland Street McKinley Street Benjamin Street Stinson Boulevard 39th Avenue 39th Avenue 39 1/2 Avenue 41st Avenue 42nd Avenue centerline of 41st Avenue to dead end centerline of 41st Avenue to centerline of Arthur Street centerline of Johnson Street to cul-de- sac north right-of-way of 37th Avenue to centerline of 41st Avenue centerline of 44th Avenue to dead end centerline of 39th Avenue to centerline of 40th Avenue centerline of 41st Avenue to centerline of 42nd Avenue north right-of-way of 37th Place to centerline of 40th Avenue centerline of 43rd Avenue to centerline of 45th Avenue cul-de-sac to centerline of 45th Avenue centerline of Tyler Street to centerline of Polk Street centerline of Arthur Street to centerline of McKinley Street centerline of Cleveland Street to centerline of Mckinley Street centerline of Reservoir Boulevard to centerline of Stinson Boulevard centerline of Reservoir Boulevard to centerline of Cleveland Street REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 25 43rd Avenue Pierce Street centerline of Reservoir Boulevard to centerline of Benjamin Street and, centerline of 46th Avenue to centerline of 47th Avenue WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statues, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 12th day of November, 1996. Offered by: Seconded by: Roi1 Call: Jolly Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 26 B. Bid ConsideratioDs 1. ADDrove Agreement With Applied Business Communications, Inc. for Fiber Optic Cable Installation The Finance Director reviewed the data in the agenda cover letter from the Information Management Committee. In response to an inquiry from the Mayor, he advised the funds for the fiber optic cable installations could be taken from the Cable Fund. Motion by Jones, second by Sturdevant to authorize the Mayor and City Manager to enter into an agreement with Applied Business Communications, Inc. for the installation of fiber optic cables from City Hall to Murzyn Hall and to the Library, and to do the necessary cabling within all three buildings at a cost not to exceed $11,368 with funding coming from the Cable Television Fund. Roll call: All ayes C. Other Business 1. Approval of Classification and Sale of Certain Forfeit Land The City Manager was notified that Anoka County has classified a parcel at 4301 Third Street and a parcel at 4216 Central Avenue as forfeit land. Staff was recommending that only the parcel on 43rd and Central be withheld from the classification and sale list. The EDA Director stated that the other property, which is located at 4301 Third Street, was associated with two other parcels that are currently tied up in bankruptcy proceedings. Staff felt this parcel had no public purpose at this time. Councilmember Ruettimann was of the opinion that the size of the parcel had possibilities for development and that it should be withheld from the sale list. Staff noted that a lotsplit had been approved for this parcel in 1994, but it was never recorded. For a lotsplit to be in effect, it must be recorded with the County within a year of the date of the lotsplit approval. Motion by Ruettimann, second by Peterson to authorize the City Manager to file a written application with the County Board to withhold parcel 35 30 24 14 0077 and parcel 35 30 24 22 0147 for redevelopment and to forward the completed, classification and sale approval forms to Anoka County. Roll call: All ayes REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 27 8. ADMINISTRATIVE REPORTS A. Repor% of the City Manager 1. Water Meter Reading Equipment A demonstration of water meter reading equipment will be given by WATER PRO. Members of the City Council were requested to contact the Finance Director regarding their availability to view the demonstration. Councilmember Jolly requested the firm be contacted about having a demonstration on a Saturday. 2. Green Sheet Items a) Councilmember Ruettimann inquired about the MuniciPals Banquet which is being hosted by Columbia Heights staff next October. The City Manager advised this function is hosted by employees of the City, but no City funds are used. b) Councilmember Ruettimann noted the rating of #4 mentioned in the Fire Department's report. He requested an explanation of this rating. The City Manager stated it is an excellent rating and saves money on insurance for commercial and industrial properties. c) More information was requested on the Department's sex offender notification policy. Police d) The Association of Metropolitan Municipalities will be meeting on Thursday, November 14th. The City Manager noted he plans to attend the meeting. e) Regarding the recent fire in Parkview Villa, the City Manager advised the damage was to a public space in the building. 3. ExDansio~ of Reservoir Water Capacity The City of Minneapolis plans to expand its reservoir water capacity by installing another reservoir in the City of New Brighton adjacent to Stinson Boulevard and on the border of the City of Columbia Heights. REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 28 While this location is in New Brighton, that City does not purchase Minneapolis water..Based on this fact, the New Brighton Planning Commission amd the New Brighton City Council have expressed the opinion that they would rather not have the truck traffic generated by this project using their roadways as their residents wil receive no direct benefit from the structure. The hope that this matter is resolved in a spirit of fairness and equity was the position of the Columbia Heights Council and staff. The routes being considered through Columbia Heights would impact significantly on residential neighborhoods as well as on community school areas. Councilmember Jolly recalled there being a prohibition on the maximum number of loads for hauling or transporting. He also recalled there being a permit needed to exceed this number. He requested staff to research this matter. It was also noted that the New Brighton City Council feels it must approve a conditional use permit for the building of this structure. Discussion continued which addressed how a city of the first class, such as Minneapolis, would not have to take direction from cities of a lesser class, and that its choice of the most logical route would prevail. This could be done without agreement between the affected cities and without an approved conditional use permit. This observation was relative to a necessary utility enhancement. The City Manager advised that the number of daily .trips, the amount of product being removed/hauled, and the preferred exit/entrance routes have not been firmly nor accurately documented. He requested permission to send a letter to the New Brighton City Council stating the position of Columbia Heights regarding this matter. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS The minutes from the following meetings were included in the meeting packet: 'REGULAR COUNCIL MEETING NOVEMBER 12, 1996 PAGE 29 10. 11. Traffic Commission November 4, 1996 meeting Economic Development Authority October 30, 1996 special meeting Planning and Zoning Commission November 6, 1996 meeting Councilmember Jones read an invitation for those in need to attend the Thanksgiving Day Dinner being hosted bySt. Matthew Lutheran Church. Councilmember Ruettimann felt some public mention should be made regarding recent or current athletic accomplishments of community youth. Two specific teams mentioned were the girlS' volleyball team and the boys football team. The accomplishments of a local unicyclist were also noted. He requested formal recognition be made at the next Council meeting. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON THE AGENDA A resident on 38th Avenue addressed the Council with her concerns regarding what she viewed as unprofessionalism by some city employees and non-responsiveness by a department head. She purchased her home in Columbia Heights in August 1996 and has experienced some unusual situations. The Mayor stated he would follow through on her concerns. Motin by Ruettimann, second by Peterson to adjourn the meeting at 8:20 p.m. Roll call: All ayes aYoz~Jos~ph Sturdevant o-Anne Studen~-Council Secretary